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What Types of Lawyers Handle Toxic Mold Cases?

Finding a competent lawyer who will take on a toxic mold case is not always easy. Toxic mold law is still a relatively new area of law, with legislation being passed as recently as 2002. Toxic mold exposure is a very broad topic that may touch upon a variety of legal areas, and many different types of lawsuits can emerge from just a single mold contamination.

You should begin your search for the right toxic mold lawyer by looking at attorneys practicing in the personal injury and health areas of law, assuming that your case involves damage to your health due to exposure to the toxic mold. From there, the attorney will be able to determine whether other issues may be litigated, such as housing issues or property damage.

Most lawyers will take on a toxic mold case based on a contingency fee basis because mold damage lawsuits are not uniform, as they are heard and decided on a case-by-case basis. This means that the amount of attorney fees that you will need to pay will depend on the outcome of the trial.

What Sort of Experience Should Toxic Mold Attorneys Have?

As mentioned, toxic mold litigation can involve several overlapping areas of law. Therefore, the attorney you hire should be familiar with the following areas of law:

Toxic torts law

Personal injury law

Water intrusion laws

Housing law

Food and health law

Contract and construction defects law

Employment law (if the contamination occurred in the workplace)

A/C & heating law (toxic molds often fester in such systems and are dispersed through the air vents)

Although this may seem like a large amount of law to cover, there are attorneys who specialize in toxic mold cases and are well-informed about each of the aforementioned areas of law. They will understand the way that these various issues overlap in any given mold exposure case.

What Resources Will My Lawyer Need in Order to Succeed in a Toxic Mold Claim?

Your success against a defendant in court or settling with an insurance company will depend on how accurate and thorough you and your lawyer are in assessing the mold contamination and your personal injuries. You should compile the following documents and information for your lawyer before initiating a lawsuit:

Photographs of the mold and its growth development. Be sure to document the extent of the mold damage if it is in your home, as well as any repairs and inspections that are done as a result of the mold. Video footage is also useful.

Copies of all receipts and bills for repairs, inspections, replacements (such as furniture), service costs if you have hired a mold expert, and any other related expenses.

Medical records and reports of injuries such as lung x-rays, and receipts for prescription medicines and medical services.

The more your lawyer is informed, the better your chances are at a successful outcome.

How Long Will a Toxic Mold Lawsuit Take to Resolve?

You should anticipate that legal claim for toxic mold damage and injury should take anywhere from one year to several years, depending on the severity of the claim. This is because toxic mold cases often require the opinion of an expert in mold damage, and cases can get technical, which often translates into a lengthy discovery process and a complex trial.

Some recent class action toxic mold suits have resulted in awards upwards of $15 million for severe cases involving homeowner associations that failed to take corrective measures to get rid of the toxic mold and reduce the harm that the mold caused. These types of cases are rare, however, and involve even longer periods of litigation due to their high-profile nature.

Should I Hire a Lawyer to Assist Me in My Toxic Mold Claim?

Unless you are an expert in toxic mold issues, you will likely not be familiar with the various laws that are involved in such a dispute. Therefore, it is in your best interest to retain a lawyer as soon as you suspect that you have a toxic mold claim, preferably soon after you discover the mold or are experiencing toxic mold exposure symptoms.